Accidents can happen at anytime and more often than not, it’s when we least expect it.
Slips, trips and falls are some of the most common types of accidents that someone may encounter. Often resulting from hazardous conditions, slip and falls and can lead to all kinds of injuries, from minor bruises to fractures to even worse. The aftermath of a slip and fall accident can be not only painful physically, but it can also cause emotional distress and put pressure on your finances.
If you’ve experienced a slip and fall accident in a public place or on someone else’s property in Queensland, you may be entitled to slip and fall compensation. Whether you’ve had an incident from a wet floor in a shopping centre, an uneven footpath, or another hazardous condition, it’s important to be aware of your rights and your options when it comes to compensation and help.
In this article, we’ve answered some of the most common questions regarding slip and fall accidents and compensation, with a focus on these types of accidents in Queensland in Australia. We’ll discuss the types of injuries and issues that may occur due to a slip and fall accident, as well as the steps you should take if you’re involved in one of these accidents and other factors that could impact the compensation you may be entitled to.
What is a slip and fall accident?
A slip and fall accident is a type of incident where an individual loses their balance, slips, trips, or falls due to hazardous conditions present on someone else’s property.
Hazardous conditions could be caused by a wide variety of factors, including but not limited to:
- Wet or slippery surfaces;
- Uneven flooring;
- Debris, rubbish or obstacles ;
- Insufficient lighting;
- Dangers that can lead to accidents resulting in physical harm.
What kinds of injuries could be caused by a slip and fall accident?
The types of injuries or harm that could be caused by a slip and fall accident is an almost endless list and could be minor to severe in nature.
Injuries like bruises, sprains, fractures, concussions, spinal cord injuries, soft tissue damage, and dislocations are some of the injuries that could occur as a result of a slip and fall accident.
The injuries could be long-lasting and require extensive medical treatment or surgical intervention, as well as ongoing rehabilitation and impact your day-to-day activities.
Where can slips, trips, and falls occur?
Slip and fall accidents can happen anywhere, anytime. Public places like supermarkets, shopping centres, footpaths, parks, and entertainment venues. They can also occur on private properties, like rental homes and the homes of friends.
Slip and fall accidents can also happen indoors or outdoors – essentially wherever a hazardous condition may be present.
When can you claim for slip and fall compensation in Queensland?
To be able to claim slip and fall compensation, it needs to be established that an accident occurred and that it could have been avoided with appropriate action by a responsible party. Establishing responsibility and the preventable nature of the accident is important because simply having an accident does not mean that you’re definitely entitled to compensation.
Besides establishing that the responsible party could have taken action to address the hazardous condition, the accident needs to have resulted in a tangible loss for the injured party. A tangible loss could be medical expenses or needing to take time off from work due to the injuries sustained.
What if the injured party is partially at fault for the slip and fall accident?
Being partially at fault for the slip and fall accident doesn’t necessarily mean that the injured party will not be eligible for compensation. The compensation amount that the injured party is entitled to may be adjusted based on the degree of responsibility for the incident – this is “contributory negligence”.
In this circumstance, it’s highly recommended that the injured party seeks legal advice from an experienced compensation lawyer in the state that they are in, as compensation law may differ by location. They can ensure that you understand your options.
What if there was a warning or sign that the injured party didn’t notice?
The presence of a warning sign could influence a slip and fall claim but the impact of this is also dependent on the factors like the placement and visibility of the sign. If the sign was prominently displayed and very noticeable, it could affect the liability of the property owner. If the sign was not adequately placed or easy to see, it could mean that the property owner still holds responsibility for the accident.
Are there time limits to make a slip and fall compensation claim?
Time limits, also known as statutes of limitations, play a crucial role in slip and fall claims in Queensland. These limits vary based on the nature of the accident, whether it’s related to motor vehicle accidents, public liability claims, or work-related incidents. Complying with these time limits is vital, as they dictate when you can file a claim.
To ensure you understand the time limits associated with your matter, we recommend seeking legal advice promptly. That way a compensation lawyer can help to ensure that you adhere to these deadlines and protect your right to compensation.
What can you get compensation for in a slip and fall claim?
The things you may be able to get compensation for after a slip and fall accident include:
- Lost wages due to time off work;
- Medical expenses incurred for treatment;
- Travel expenses associated with medical appointments;
- Assistance required during recovery;
- Pain and suffering endured as a result of the accident;
- Permanent impairment or lasting physical consequences;
- Future financial losses or diminished earning capacity.
How much compensation will you get for a slip and fall compensation claim?
There is no set amount of compensation that will be awarded in a slip and fall compensation claim. The amount of compensation a person is entitled after a slip and fall accident is dependent on a wide variety of factors. The severity of the injuries sustained, the extent of their impact on your life, and the financial losses incurred are some of the key influential factors.
Unlike a one-size-fits-all approach, each case is unique, and compensation varies accordingly.
We highly recommend getting in touch with a skilled personal injury lawyer who can provide insights into potential compensation outcomes based on the specifics of your case.
What should you do if you’ve had a slip and fall accident in Queensland?
If you have experienced a slip and fall accident in Queensland, it’s important to take the following steps:
Seek Medical Attention: Your health and safety are the top priority. Seek immediate medical attention for any injuries sustained in the slip and fall accident. It’s essential to address your injuries promptly and document them through medical records, x-rays, and receipts for medical expenses.
Report the Accident: Notify the responsible party or property owner about the accident as soon as possible. Keep records of any communication and correspondence related to the incident.
Determine Negligence: To have a successful claim, you need to establish that the other party was negligent and that their negligence led to your slip and fall accident. This involves proving that the party at fault owed you a duty of care, breached that duty of care, and that the breach resulted in your injuries or losses.
Collect Evidence: Gather evidence to support your claim. This may include photographs of the accident scene, your injuries, and the surrounding area. Keep a written statement of events, collect contact details of witnesses, and retain receipts for any expenses related to the injury.
Consultation with Compensation Lawyer: Consult with an experienced compensation lawyer who specialises in slip and fall cases. They can help you understand your rights, assess the strength of your case, and guide you through the process of building a strong claim.
Calculate Compensation: Your compensation may include various factors such as pain and suffering, past and future economic loss, medical expenses, and more. A compensation lawyer can help you quantify the compensation you may be entitled to.
Legal Process: Understand that slip and fall claims are subject to legal procedures. Working with an experienced lawyer can help you navigate the legal process, negotiate with the responsible party or their insurance company, and seek fair compensation for your injuries and losses.
It’s important to note that each case is unique, and seeking professional legal advice tailored to your situation is crucial to ensuring the best possible outcome for your slip and fall claim in Queensland.
Talk to our compensation lawyers today
If you or someone close to you has been involved in a slip and fall accident in Queensland, talk to our team here at South East Lawyers. We understand that compensation claims can be difficult and overwhelming to navigate and we’re here to provide legal advice, guidance and understanding during difficult times.
Get in touch with us by calling 07 5241 7994 or booking a consultation here.